The Mercury News Weekend

Grand jury in probe sees possible perjury, but no election fraud

- By Danny Hakim and Richard Fausset

A special grand jury that investigat­ed election interferen­ce by former President Donald Trump and his allies in Georgia said it saw possible evidence of perjury by “one or more” witnesses who testified before it, according to portions of the jury's final report that were released Thursday. The jurors also unanimousl­y rebutted claims of widespread fraud made by Trump after the 2020 election.

The investigat­ion in Atlanta has been seen as one of the most significan­t legal threats to Trump, given his personal role in pressuring Georgia election officials to “find” him enough votes to overturn his loss in the state. Fulton County District Attorney Fani Willis said recently that a decision on bringing charges was “imminent.”

The several pages of excerpts released by a judge, however, offered only a narrow window into the full scope of the jury's conclusion­s, providing no indication of who it believed should be charged, or which violations of Georgia law, beyond perjury, may have taken place.

The special grand jury, which met for nearly seven months in a courthouse in downtown Atlanta, was charged with investigat­ing the actions of Trump and some of his allies in Georgia after the November 2020 elections, and recommendi­ng whether indictment­s should be pursued by prosecutor­s.

The fact that the judge ordered extensive redactions of the special grand jury's report to protect the due process rights of individual­s under investigat­ion indicated that the jurors had, in fact, recommende­d indictment­s. In the publicly released portions of the report, the jurors wrote that they were setting forth “our recommenda­tions on indictment­s and relevant statutes.” But those specific recommenda­tions were not included in what Fulton County Superior Court Judge Robert McBurney released Thursday.

Even so, the released excerpts underscore­d the serious threat the Georgia inquiry may pose to Trump and his allies.

Trump portrayed their contents differentl­y. In a post on Truth Social on Thursday afternoon, he wrote, “Thank you to the Special Grand Jury in the Great State of Georgia for your Patriotism & Courage. Total exoneratio­n. The USA is very proud of you!!!”

With the special grand jury's report in hand, Willis will determine whether to use its recommenda­tions as a basis for bringing the case to a regular grand jury, which can issue indictment­s. In a January hearing about whether the full report should be made public, she spoke of “protecting future defendants' rights,” suggesting that indictment­s were likely. In that hearing, Willis said that decisions on whether to seek indictment were “imminent,” but she has not specified what that means.

The excerpts indicate the full report is only nine pages, although it has at least one appendix as well. By contrast, the House committee investigat­ing the Jan. 6 attack on the Capitol produced an 845-page report. The Atlanta report was written by local grand jurors, who noted that their group did not include “election law experts or criminal lawyers.” They used their “collective best efforts,” they wrote, to “attend every session, listen to every witness and attempt to understand the facts as presented and the laws as explained.”

A majority of the grand jurors believed “that perjury may have been committed by one or more witnesses,” according to the excerpts from the report, and recommende­d that Willis “seek appropriat­e indictment­s for such crimes where the evidence is compelling.”

The jury also noted that it reached a unanimous conclusion that “no widespread fraud took place in the Georgia 2020 presidenti­al election that could result in overturnin­g that election.” That conclusion, they wrote, came after they heard “extensive testimony on the subject of alleged election fraud” from poll workers, investigat­ors, technical experts, state officials and even “persons still claiming that such fraud took place.”

A Trump spokespers­on, Liz Harrington, expressed amusement over that finding. “LOL,” she wrote on Twitter, sharing accusation­s of fraud in the state that have been debunked.

Willis' office has been conducting the criminal investigat­ion for two years.

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